‘An Experienced Practitioner’s Guide To Avoiding The Procedural Pitfalls Of Succession Litigation’
In this webinar, Barrister Niall Fahy provides a practical guide to all procedural aspects of claims against estates from the beginning to the end of the process itself - covering all topics from the correct jurisdiction right through to costs of the proceedings, and everything in between.
The types of proceedings covered by this talk include proceedings under section 117 and/or 121 of the Succession Act 1965, and also proceedings under section 194 of the Civil Partnership and Certain Rights and Obligations of Cohabitants act 2010.
A particular focus is placed on the various mechanisms for ensuring that there is an administrator in place to be named as a defendant in intended proceedings and avoiding procedural pitfalls and Statute of Limitations issues.
This talk will be useful for all solicitors with clients potentially bringing a claim against the estate of, for example, a deceased parent, and wishes to know the answers to key questions such as: whether to bring the claim in the Circuit Court or High Court, which circuit to bring the claim in, when the Statute of Limitations expires, whom to name as the defendant in the proceedings, and whether they will ultimately be entitled to their costs from the estate, etc.
Topics Covered Include:
- Monetary Jurisdiction of the High Court and Circuit Court
- Type of Claims against estates:
- Claims under Section 117 of the Succession Act 1965;
- Claims under Section 121 of the Succession Act 1965;
- Section 194 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;
- Other common law claims such as testamentary contract or estoppel or ordinary bank debt claims.
- Limitation periods and procedural matters:
- Limitation periods;
- Caveats and citations;
- Whether claims can issue pre-grant of Probate or Letters of Administration.
- The principles applicable to awards of costs;
- Whether a plaintiff may get their costs even if unsuccessful.
- Caselaw update.
Niall Fahy is a barrister based in Dublin with a general civil practice specialising in the areas of succession, probate, trusts, enduring powers of attorney and wards of court. Niall is a graduate of University College Dublin (BCL with Economics, 2013) and the London School of Economics and Political Science (LLM, 2015). He was called to the Bar in 2014. He completed the Law Society Diploma in Trusts and Estate Planning in 2021. He is a former legal researcher in the Law Reform Commission, having been the principal legal researcher on the Commission’s project on Section 117 of the Succession Act 1965, culminating the Commission’s publication of its Report on Section 117 of the Succession Act 1965: Aspects of Provision for Children (LRC 118 – 2017).
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